logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.03.11 2015노4672
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects the mistake, the Defendant’s distance when driving alcohol is relatively short, and the Defendant’s family has a family to support the Defendant.

However, the crime of this case is that the defendant drives a motor vehicle with a blood alcohol level of 0.109% and the issue is not less than that of the case in light of the blood alcohol concentration level during blood, and the defendant has been punished four times (three times a punishment, three times a suspended sentence, one time a suspended sentence) due to the same crime, and the crime of driving alcohol is a crime that causes harm not only to himself/herself but also to another person's life and body, and the driving distance is short.

Even if a net accident cannot be avoided, and to that end, the amended Road Traffic Act strengthens punishment by raising the statutory punishment for the crime of drinking alcohol driving, and comprehensively considering the defendant's age, environment, family relationship, circumstances leading to the instant crime, circumstances before and after the instant crime, and other various circumstances that form the conditions for sentencing as shown in the record, such as the circumstances before and after the instant crime, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow